Protecting thoughts and communications from invasive discovery: the attorney-client and work-product privileges

Article Abstract:

Privileged communications between attorney and client have a long legal history and are designed to facilitate communication between a client and counsel without the threat of disclosure. This privilege is not absolute but open to interpretation by the courts. How this privilege applies to witnesses and to individuals closely involved with legal entities such as employees and their company poses difficult questions. A similar right applies to work product and similar questions arise. Disclosure of documents used by experts and edited in camera may still disclose a great deal about counsel's thought and strategy.

Analysis, Confidential communications, Attorney-client privilege, Work product privilege (Law)

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From servant to advisor? Insurance agents undertaking affirmative duties to customers

Article Abstract:

Insurance agents should not be liable for losses of customers who discover they are underinsured at the time of injury or catastrophe. Agents have no fiduciary duty to customers even though customers may claim agents should have provided more information. Agents represent insurance companies, not customers. Agents must practice fair business policies but their legal duties cannot be inappropriately expanded by disappointed customers.

United States, Tort liability, Insurance agents, Fiduciary duties, Tort liability of insurance companies, Insurance companies

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Clergy malpractice: protecting consumers or unconstitutional secular intrusion?

Article Abstract:

The authors discuss various theories of tort liability which have been used against clergy members. State courts have rejected negligent counseling claims and many have rejected breach of fiduciary duty claims.

States, Cases, Malpractice, Clergy, Torts

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